HomeMy WebLinkAboutPC RES 21321
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2132
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DEVELOPMENT OF THIRTEEN (13) TOWNHOMES ON LOTS
6, 7, AND 8 IN BLOCK B OF MARTIN'S ADDITION ON
WALNUT AVENUE AND ALLOWING A VARIANCE FROM THE
OPEN SPACE REQUIREMENTS OF THE PLANNED DEVELOPMENT
DISTRICT STANDARDS
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows'
A. That a proper application, (Use Permit 83-27) has
been filed by Ainslie Development requesting
authorization to develop a 13-unit town house project on
Lots 6, 7, and 8 in Block B of Martin's addition and
allow a variance of 8% from the open space requirements
of the Planned Development District.
B. That a public hearing was duly called, noticed and
held on said application.
C. That establishment, maintenance and operation of the
use applied for will not, under the circumstances of
this case, be detrimental to the health, safety, morals,
comfort or general welfare of the persons residing or
working in the neighborhood of such proposed use as
evidenced by the fol lowing fi ndings'
1. the use is in conformance with the Land Use Element
of the Tustin Area General Plan and wi th the use
provisions of the Multiple-Family (R-3) District.
2. that the design proposal is in conformance with the
standards of the Planned Development District as
required by City Code Section 9266b.
D. That that establishment, maintenance and operation of
the use applied for will not be injurious or detrimental
to the property and improvements in the neighborhood of
the subject property, nor to the general welfare of the
City of Tustin as evidenced by the proposed improvements
in an area in need of rehabilitation and should be
granted.
E. Proposed development shall be in accordance with the
development policies adopted by the City Council,
Uniform Building Codes as administered by the Building
Official, Fire Code as administered by the Orange County
Fire Marshal and street improvement requirements as
admi ni stered by ' the City Engineer.
1
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23~
~5
~7
28
Resolution 2132
Page 2
II.
F. That because of special circumstances applicable to
the subject property, relative to size, shape,
topography, location or surroundings, a strict
application of the Zoning Ordinance is found to deprive
subject property of privileges enjoyed by other
properties in the vicinity and under identical zone
classification, evidenced by the following findings:
1. The site being located in an older residential area
in transition, is in need of rehabilitation.
2. The site being in an area of neglect by the County up
until annexation to the City of Tustin in August,
1978, presents unique problems to developers to
provide affordable home ownership to families of the
type proposed.
3. That a variance (No. 82-8)was authorized in the
immediate area to encourage development in the area
and the approval of this request is not a grant of
speci al pti vi 1 edge.
G. A Negative Declaration of environmental impact has
been filed in accordance with the California
Environmental Quality Act.
H. Final development plans shall 'require the review and
approval of the Community Development Department.
The Planning Commission hereby approves Conditional Use
Permit No. 83-27 to authorize the development of
thirteen (13) town houses on Walnut Street as requested,
subject to the following conditions:
A, Submission of CC&R's to the City Attorney's office
for review and approval prior to any permit issuance.
B. Provision for an individual sanitary sewer (service
from alley) and domestic water service to each
residential lot and a separate water meter for the
common area.
C. Submission of a final grading plan for review and
approval.
D. Preparation of improvement plans for and construction
of, but not limited to, the following public works
improvements to the satisfaction of the City
Engineer'
1
2
3
4
5
6
7
8
.9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
,-.~
Resolution No.
Page 3
1. street paving;
2. curb and gutter;
3. sidewalk;
4. street trees;
5. street lights;
6. water mai ns;
7. cable television conduit;
8. alley pavement as needed adjacent to this
development;
9. cross gutter and spandrel.
E. Payment of the following fees-
1. Orange County Sanitation District No. 7 in the
amount of $250/dwelling unit
2. East Orange County Water District fees in the
amount of $500/dwelling unit.
F. Payment of Parkland Dedication fees prior to permit
issuance.
G. Provide easement for the two buildings encroaching
into Lot 14 (common area) which shall terminate when
the buildings are removed.
H. The final plans show the correct location of all
utilities including including water.
I. That all garages facing the alley shall be equipped
with automatic garage door openers to facilitate
access and avoid alley parking.
J. That the location and construction of trash
enclosures shall provide for access to and from the
containers at all times for the franchise refuse
service. The common trash container enclosures shall
be constructed of a minimum six-foot (6') high
concrete decorative block wall with solid gates to
block visibility of trash bins.
K. The CC&R's shall contain restrictions against the
conversion of garage spaces to any other use except
the storage of motor vechicles. The City shall be a
part of the CC&R's and any modification of the CC&R's
concerning these conditions shall require approval by
the City of Tustin.
L. Continuous concrete curbs shall be provided to
separate landscape planters from parking spaces and
drive aisles.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
25
26
27
28
Resolution No. ?~2
Page 4
O. Final building elevations which indicate specific
construction materials and color schemes shall be
submitted to the Planning Department for review and
approval prior to the issuance of building permits.
P. A 1 andscape and i rri gati on pl an i ncorporati ng specimen
size trees and an automatic irrigation system shall be
submitted to the Planning Department for review-and
approval prior to the landscape installation and
occupancy of any condominium units.
Q. The developer shall comply with all construction
requirements of the Orange County Fire Marshal's office
which includes installation of fire extinguishers and
on-site private fire hydrants if necessary.
R. Common wall construction between adjoining townhouses
shall consist of two (2) one-hour fire wall construction
which includes all common walls whether floor or
ceiling. '
S. A development plan shall be submitted to City staff
detailing amenities provided within the common recreation
area; i.e. spas, walkways, etc.
T. A minimum six foot {6') high, six-inch concrete block
wall shall be installed along the property side lines of
the project. The block wall shall not however, exceed
3'-0" in height in the front and rear setback areas.
U. All roof top equipment on the condominium buildings shall
be totally screened from the public's view along the
Walnut Street ri ght-of-way.
V. Drainage shall be solved to the satisfaction of the Plan
Checker and the City Engineer. A grading plan signed by
a registered engineer shall be submitted for approval.
A topograph of the area surrounding this development
shall be made to establish existing drainage flow
patterns. If the existing natural flow of any adjoining
parcel is across the land of this development, a drainage
easement shall be granted and drainage facilities
provided for that property to the satisfaction of the
City Engi neet.
W. Wheelchair and handicap access facilities shall be
installed on-site and off-site in accordance with the
State of California and City of Tustin Building
Department standards.
PASSED AND ADOPTED at a ,r~e~gular meeting.;o~ the Tustin Planning,
Commission held on the 12th day of December, 1983.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JANET HESTER, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. c>~~ was duly
passed and adopted at a regul'ar meeting P~l the %ustin Planning
Commission, held on the %'~.~ day of ~/~_6~-~/~Y~ , 19~.
. ~lafiet HesteP
Tustin Planning Commission Secretary